Download or read book Criminal Liability of Managers in Europe written by Stanislaw Tosza and published by Bloomsbury Publishing. This book was released on 2018-12-27 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: Every managerial decision is risky, at least to some extent. Conducting business is impossible without venturing into new territories and even the most ordinary daily choices could turn out to be failures. Excessive risk, however, can be very detrimental as was starkly illustrated by the most recent financial crisis. By criminalising managers' excessive risk-taking criminal law enters a sphere which is at the core of the activity it affects. At the same time it provides for criminal punishment for courses of conduct that, without doubt, can be extremely harmful. The objective of this book is to examine existing criminalisation of excessive risk-taking as well as to analyse whether such criminalisation is desirable and if yes, under which conditions.

Download or read book A Modern History of German Criminal Law written by Thomas Vormbaum and published by Springer Science & Business Media. This book was released on 2013-10-01 with total page 324 pages. Available in PDF, EPUB and Kindle. Book excerpt: Increasingly, international governmental networks and organisations make it necessary to master the legal principles of other jurisdictions. Since the advent of international criminal tribunals this need has fully reached criminal law. A large part of their work is based on comparative research. The legal systems which contribute most to this systemic discussion are common law and civil law, sometimes called continental law. So far this dialogue appears to have been dominated by the former. While there are many reasons for this, one stands out very clearly: Language. English has become the lingua franca of international legal research. The present book addresses this issue. Thomas Vormbaum is one of the foremost German legal historians and the book's original has become a cornerstone of research into the history of German criminal law beyond doctrinal expositions; it allows a look at the system’s genesis, its ideological, political and cultural roots. In the field of comparative research, it is of the utmost importance to have an understanding of the law’s provenance, in other words its historical DNA.

Download or read book Core Concepts in Criminal Law and Criminal Justice written by Kai Ambos and published by Cambridge University Press. This book was released on 2020-01-16 with total page 507 pages. Available in PDF, EPUB and Kindle. Book excerpt: A comparative and collaborative study of the foundational principles and concepts that underpin different domestic systems of criminal law.

Download or read book The Oxford Handbook of European Legal History written by Heikki Pihlajamäki and published by Oxford University Press. This book was released on 2018-06-28 with total page 1264 pages. Available in PDF, EPUB and Kindle. Book excerpt: European law, including both civil law and common law, has gone through several major phases of expansion in the world. European legal history thus also is a history of legal transplants and cultural borrowings, which national legal histories as products of nineteenth-century historicism have until recently largely left unconsidered. The Handbook of European Legal History supplies its readers with an overview of the different phases of European legal history in the light of today's state-of-the-art research, by offering cutting-edge views on research questions currently emerging in international discussions. The Handbook takes a broad approach to its subject matter both nationally and systemically. Unlike traditional European legal histories, which tend to concentrate on "heartlands" of Europe (notably Italy and Germany), the Europe of the Handbook is more versatile and nuanced, taking into consideration the legal developments in Europe's geographical "fringes" such as Scandinavia and Eastern Europe. The Handbook covers all major time periods, from the ancient Greek law to the twenty-first century. Contributors include acknowledged leaders in the field as well as rising talents, representing a wide range of legal systems, methodologies, areas of expertise and research agendas.

Download or read book Origins of the German Welfare State written by Michael Stolleis and published by Springer Science & Business Media. This book was released on 2012-11-15 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces the origins of the German welfare state. The author, formerly director at the Max-Planck-Institute for European Legal History, Frankfurt, provides a perceptive overview of the history of social security and social welfare in Germany from early modern times to the end of World War II, including Bismarck’s pioneering introduction of social insurance in the 1880s. The author unravels “layers” of social security that have piled up in the course of history and, so he argues, still linger in the present-day welfare state. The account begins with the first efforts by public authorities to regulate poverty and then proceeds to the “social question” that arose during the 19th-century Industrial Revolution. World War I had a major impact on the development of social security, both during the war and after, through the exigencies of the war economy, inflation and unemployment. The ruptures as well as the continuities of social policy under National Socialism and World War II are also investigated.

Download or read book Transnational Evidence and Multicultural Inquiries in Europe written by Stefano Ruggeri and published by Springer Science & Business Media. This book was released on 2013-12-12 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book deals with the gathering of evidence in cross-border investigations in Europe. The issue of obtaining evidence in and from European countries has been among the most debated issues of EU cross-border cooperation in criminal matters over the last two decades, going through periods of intensive discussions and showing an extraordinary adaptability to the evolution of EU legislation for criminal matters. On the other hand, the prosecution and investigations of cross-border cases pose unprecedented challenges in the European scenario, characterized by the increasing flow and activity of citizens over the territory of more than one country and therefore by the need to lay the foundations of a transcultural criminal justice system. The book analyses this complex topic starting with the current perspectives of EU legislation, thus providing a critical analysis of the legislative initiative aimed at introducing a new tool for gathering almost any type of evidence in other Member States, i.e., the European Investigation Order. On a second level, this study deals with the solution models and human rights challenges posed by the increasingly intensive dialogues between domestic and supranational case laws, and formulates essential guidelines for setting up a fair transnational enquiry system in Europe.

Download or read book Crime and Criminal Justice in Modern Germany written by Richard F. Wetzell and published by Berghahn Books. This book was released on 2014-05-01 with total page 368 pages. Available in PDF, EPUB and Kindle. Book excerpt: The history of criminal justice in modern Germany has become a vibrant field of research, as demonstrated in this volume. Following an introductory survey, the twelve chapters examine major topics in the history of crime and criminal justice from Imperial Germany, through the Weimar and Nazi eras, to the early postwar years. These topics include case studies of criminal trials, the development of juvenile justice, and the efforts to reform the penal code, criminal procedure, and the prison system. The collection also reveals that the history of criminal justice has much to contribute to other areas of historical inquiry: it explores the changing relationship of criminal justice to psychiatry and social welfare, analyzes representations of crime and criminal justice in the media and literature, and uses the lens of criminal justice to illuminate German social history, gender history, and the history of sexuality.

Download or read book Victim Participation Rights written by Kerstin Braun and published by Springer. This book was released on 2019-02-14 with total page 309 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book traces victims’ active participatory rights through different procedural stages in adversarial and non-adversarial justice systems, in an attempt to identify what role victims play during criminal proceedings in the domestic setting. Braun analyses countries with different legal traditions, including: the United States, England, Wales and Australia (as examples of mostly adversarial countries); Germany and France (as examples of inquisitorial systems); as well as Denmark and Sweden with their mixed inquisitorial-adversarial background. Victim Participation Rights is distinctive in that it assesses the implementation of formal processes and procedures concerning victim participation at three different procedural stages: first, investigation and pre-trial; second, trial and sentencing; and third, post-trial with a focus on appeal and parole. In addition, Braun provides an in-depth case study on the general position of victims in criminal trials, especially in light of national criminal justice policy, in Germany, a mostly inquisitorial system and Australia, a largely adversarial system. In light of its findings, the book ponders whether, at this stage in time, a greater focus on victim protection rather than on active procedural rights could be more beneficial to enhancing the overall experience of victims. In this context, it takes a close look at the merits of introducing or expanding legal representation schemes for victims.

Download or read book Devolution and Decentralisation in Social Security written by Gijsbert Vonk and published by . This book was released on 2019-12-12 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: In many countries regional and local authorities are given more powers in the field of social security. Supposedly, this is a general trend taking place throughout the developed world and beyond. In this volume the processes of devolution and decentralisation in social security are researched from a comparative European perspective, taking into account the constitutional setting and the architecture of the social security systems. The book includes thirteen country studies based on a uniform format and three overarching contributions. The greater picture that emerges is that social insurance and family allowances are still very much a national competence and are predominantly functionally decentralised to a number of specialised agencies and institutions. There are only limited exceptions. A different conclusion must be drawn when we look at social assistance and social care. In many countries the role of local authorities has gradually increased over a longer period. However, in some countries this trend is reversing, and municipal powers are being limited or even taken back by central government. Devolution and Decentralisationin Social Security shows how complex, differentiated and nationally diverse the state of devolution and decentralisation in Europe actually is. This book is of particular interest to scholars in the field of social policy and social security, constitutionalists and policy makers who are interested in local administration.

Download or read book Academic Freedom Under Pressure written by Margrit Seckelmann and published by Springer Nature. This book was released on 2021-08-26 with total page 259 pages. Available in PDF, EPUB and Kindle. Book excerpt: Is academic freedom threatened? The book examines current challenges to academic freedom in Europe, focusing mainly on Italy and Germany. The cases discussed demonstrate that research and teaching are under pressure in European democracies: in Hungary and Poland due to political constraints, in other countries due to societal expectations. Considering different interrelated aspects, the four parts of the book explore many real and potential threats to universities, scientific institutions and researchers, ranging from the European dimension of freedom of the arts and sciences to comparative analysis of emerging challenges to academic freedom against the backdrop of the COVID-19 pandemic. They highlight threats to university autonomy from the economic orientation of university governance, which emphasizes efficiency, competition, and external evaluation, and from new rules concerning trigger warnings, speech restrictions, and ethics commissions. Detailed study of these complex threats is intended to stimulate scholarly reflection and elicit serious discussion at European and national level. The volume contributes to the search for a new role of universities and scientific institutions and is addressed to academics and political stakeholders.

Download or read book Data Protection by Design in the E Health Care Sector written by Giorgia Bincoletto and published by . This book was released on 2021-12-30 with total page 532 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the digital age, e-health technologies play a pivotal role in the processing of medical information. As personal health data represent sensitive information concerning a data subject, enhancing data protection and security of systems and practices has become a primary concern. This book explores how an e-health system could be developed and how data processing activities could be carried out to apply data protection principles and requirements from the design stage. There is currently a lack of clarity and knowledge on the topic among developers, data controllers and stakeholders. The research attempts to bridge the gap between the legal and technical disciplines on DPbD by providing a set of guidelines for the implementation of the principle in the e-health care sector.

Download or read book Innovative Capacity Allocations for All IP Networks written by Volker Stocker and published by . This book was released on 2020-03 with total page 454 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Internet ecosystem is characterised by strong dynamics and rapid evolution. In view of the evolving range of content and applications that are to be delivered in an integrated fashion via general-purpose broadband networks, the requirements for traffic delivery and corresponding capacity allocation problems are becoming increasingly complex. The anticipated role of the Internet of things, 5G or virtual reality applications underscores how important it will be for broadband access service providers to flexibly meet these evolving demands in an economically efficient fashion. This book examines the evolution of, and competition within, the Internet ecosystem and analyses efficient capacity allocations in all-IP networks from a network economic perspective. In doing so, it critically appraises the role of network neutrality regulations.

Download or read book The Development of Medical Liability in Germany 1800 1945 written by Colm Peter McGrath and published by . This book was released on 2019-02 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume examines the development of medical liability in Germany during its intense formative period from 1800-1945. It focuses on how the fault requirement in civil law was conceptualised and applied to liability for errors in the diagnosis and treatment of a patient. By focusing on the development of the law, and how it related and responded to changes in the nature of medicine, medical practitioners and healthcare over this period, it uncovers a rich interaction between the legal and medical narratives concerning fault. It offers an account of legal development where the law and lawyers were deeply embedded in, and influenced by, the broader social context, identifying a gradual shift towards asserting courts' independence from the medical narrative medical technological advances.

Download or read book From Physicians Professional Ethos towards Medical Ethics and Bioethics written by Corinna Delkeskamp-Hayes and published by Springer Nature. This book was released on 2022-02-01 with total page 338 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book assembles essays by thinkers who were at the center of the German post World War II development of ethical thought in medicine. It records their strategies for overcoming initial resistance among physicians and philosophers and (in the East) politicians. This work traces their different approaches, such as socialist versus liberal bioethics; illustrates their attempt to introduce a culture of dialogue in medicine; and examines their moral ambiguities inherent to the institutionalization of bioethics and in law. Furthermore, the essays in this work pay special attention to the problem of ethics expertise in the context of a pluralism, which the intellectual mainstream of the country seeks to reduce to “varieties of post-traditionalism". Finally, this book addresses the problem of “patient autonomy”,and highlights the difficulty of harmonizing commitment to professional integrity with the project of enhancing physician’s responsiveness to suffering patients. As these essays illustrate, the development of bioethics in Germany does not follow a linear line of progressiveness, but rather retains a sense of the traditional ethos of the guild. An ethos, however, that is challenged by moral pluralism in such a way that, even today, still requires adequate solutions. A must read for all academics interested in the origins and the development of bioethics.

Download or read book The European Court of Human Rights written by Angelika Nussberger and published by Elements of International Law. This book was released on 2020 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: Nussberger traces the history of the European Court of Human Rights from its political context in the 1940s to the present day, answering pressing questions about its origins and workings. This first book in the Elements of International Law series, provides a fresh, objective, and non-argumentative approach to the European Court of Human Rights.

Download or read book Childlessness in Europe Contexts Causes and Consequences written by Michaela Kreyenfeld and published by Springer. This book was released on 2017-01-11 with total page 367 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is published open access under a CC BY 4.0 license. This open access book provides an overview of childlessness throughout Europe. It offers a collection of papers written by leading demographers and sociologists that examine contexts, causes, and consequences of childlessness in countries throughout the region.The book features data from all over Europe. It specifically highlights patterns of childlessness in Germany, France, the United Kingdom, Finland, Sweden, Austria and Switzerland. An additional chapter on childlessness in the United States puts the European experience in perspective. The book offers readers such insights as the determinants of lifelong childlessness, whether governments can and should counteract increasing childlessness, how the phenomenon differs across social strata and the role economic uncertainties play. In addition, the book also examines life course dynamics and biographical patterns, assisted reproduction as well as the consequences of childlessness. Childlessness has been increasing rapidly in most European countries in recent decades. This book offers readers expert analysis into this issue from leading experts in the field of family behavior. From causes to consequences, it explores the many facets of childlessness throughout Europe to present a comprehensive portrait of this important demographic and sociological trend.

Download or read book Nullum Crimen Sine Lege the European Convention on Human Rights and the Foreseeability of the Law written by Sara Paiusco and published by . This book was released on 2021-06-30 with total page 491 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book investigates nullum crimen sine lege as European principle in its interpretation by the European Court of Human Rights. The research focuses on the role of foreseeability as a solution to the legality issues raising from judge-made law in criminal law. The rationale and application of foreseeability in ECtHR case-law are scrutinised, trying to extract its main development paths. Current solutions adopted by civil law States (Italy and Germany) are analysed also considering the theoretical foundations of ncsl. Moreover, the role of foreseeability in EU law is considered, as an example of an effectiveness-oriented legal order. In the end, future perspectives for the implementation of the principle of foreseeability are analysed.